Chauvin v. Jefferson Parish School Bd.

595 So. 2d 728, 1992 WL 32725
CourtLouisiana Court of Appeal
DecidedFebruary 18, 1992
Docket91-CA-686
StatusPublished
Cited by5 cases

This text of 595 So. 2d 728 (Chauvin v. Jefferson Parish School Bd.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chauvin v. Jefferson Parish School Bd., 595 So. 2d 728, 1992 WL 32725 (La. Ct. App. 1992).

Opinion

595 So.2d 728 (1992)

Judy A. Chauvin, Wife of/and Glenn A. CHAUVIN
v.
JEFFERSON PARISH SCHOOL BOARD and Associated Catholic Charities of New Orleans, Inc.

No. 91-CA-686.

Court of Appeal of Louisiana, Fifth Circuit.

February 18, 1992.

Dale W. Poindexter, Poindexter & Oxner, New Orleans, for plaintiffs/appellants.

H. Martin Hunley, Jr., Dwight C. Paulsen, III, Lemle & Kelleher, New Orleans, for defendants/appellees.

Michael D. Meyer, New Orleans, for plaintiff/co-appellant.

Before GRISBAUM, GOTHARD and CANNELLA, JJ.

GOTHARD, Judge.

In this case the plaintiff has sought damages in tort for injuries incurred when an emotionally disturbed child attacked her in the institution where she was employed. Judy Chauvin, an employee of the Jefferson Parish School Board (JPSB), was a teaching assistant at Hope Haven/Madonna Manor, a residential institution for emotionally disturbed and learning-disabled children operated by Associated Catholic Charities (ACC). She was seriously injured on January 25, 1985, while assisting in a classroom within a locked unit and filed a tort suit against JPSB and ACC. JPSB was dismissed on summary judgment as her direct employer on January 22, 1987, and ACC was dismissed as a defendant on February 8, 1988 for the reason that ACC was her statutory employer and was immune from tort liability. On appeal to this court, the summary judgment dismissing ACC was reversed and the case remanded. Chauvin v. Jefferson Parish School Board, 534 So.2d 1359 (La.App. 5th Cir. 1988). On remand, after a bifurcated trial of liability only, on November 13, 1990 the lower court again found in favor of ACC, dismissing Mrs. Chauvin's claim and holding that her proper remedy was worker's compensation.

*729 The court's reasons for judgment read as follows, in pertinent part.

The testimony of the witnesses and the exhibits introduced into evidence have shown that one of the projects of Associated Catholic Charities is the caring for and educating of special children at Hope Haven/Madonna Manor Institution. The services rendered by Associated Catholic Charities are carried out by its own employees and by contracting with others such as teachers and teaching assistants in the special education situation at Hope Haven/Madonna Manor.
The root power of the services resides in Associated Catholic Charities as an entity. It functions through its agents. It is the Court's opinion therefore that the usual and customary work and/or activities of Associated Catholic Charities are (while not limited to) the educating of those children placed in its care by the State, as mandated.
The existence of a contract (although not being able to be located) binding Associated Catholic Charities with the State of Louisiana, and a contract between the Jefferson Parish School Board and Associated Catholic Charities to provide those services mandated by the State contract have been proven, more probable than not, to exist.
This case fits squarely within the situation envisioned by R.S. 23:1032, 23:1061, et sequitur.

In January, 1985 R.S. 23:1032 read as follows, in pertinent part:

The rights and remedies herein granted to an employee or his dependent on account of an injury, or compensable sickness or disease for which he is entitled to compensation under this Chapter, shall be exclusive of all other rights and remedies of such employee, his personal representatives, dependents, or relations, against his employer, or any principal or any officer, director, stockholder, partner or employee of such employer or principal, for said injury, or compensable sickness or disease. For purposes of this Section, the word "principal" shall be defined as any person who undertakes to execute any work which is a part of his trade, business or occupation in which he was engaged at the time of the injury, or which he had contracted to perform and contracts with any person for the execution thereof. [Emphasis supplied.]

R.S. 23:1061 provided, also in pertinent part:

Where any person (in this section referred to as principal) undertakes to execute any work, which is a part of his trade, business, or occupation or which he had contracted to perform, and contracts with any person (in this section referred to as contractor) for the execution by or under the contractor of the whole or any part of the work undertaken by the principal, the principal shall be liable to pay to any employee employed in the execution of the work or to his dependent, any compensation under this Chapter which he would have been liable to pay if the employee had been immediately employed by him; ... [Emphasis supplied.]

Acts 1989, No. 454, § 3 added the following sentence, codifying the jurisprudence:

... The fact that work is specialized or nonspecialized, is extraordinary construction or simple maintenance, is work that is usually done by contract or by the principal's direct employee, or is routine or unpredictable, shall not prevent the work undertaken by the principal from being considered part of the principal's trade, business, or occupation, regardless of whether the principal has the equipment or manpower capable of performing the work.

The issue before this court is whether or not the court erred in holding that Associated Catholic Charities was immune to tort liability under LSA-R.S. 23:1032 and 23:1061.

The appellant assigns the following errors: (1) admitting a contract into evidence when the contract was not for the period of time when the injury occurred, the original was not produced, and a subpoena had not been issued for the correct contract; (2) admitting testimony about the contents of and existence of a contract; (3) finding that *730 the defendant had met its burden of proof under the two-contract theory; and (4) failing to apply the statutory employer defense restrictively.

The two-contract defense is an affirmative defense of which the defendant has the burden of proof. To be successful ACC must show that it contracted with the state to perform work, i.e. educating the children placed by the state in Hope Haven/Madonna Manor, and then contracted with JPSB to carry out all or part of the work. Aetna Cas. & Sur. v. Schwegmann W. Exp., 516 So.2d 412 (La.App. 1st Cir.1987). If those criteria are met, the general contractor, ACC, is automatically the statutory employer of its subcontractor, JPSB. Williams v. Metal Building Products Co., Inc., 522 So.2d 181 (La.App. 5th Cir.1988), writ denied 530 So.2d 82 (La.1988); Thornton v. Avondale Shipyards, 479 So.2d 7 (La.App. 5th Cir.1985).

It is obvious that proof of ACC's contractual relationships for the 1984-85 school year is essential to its defense. At trial, over the objection of the plaintiff, the court accepted into evidence the following documents: D-2, an agreement between the State Department of Health and Human Resources, Office of Human Development, and Hope Haven/Madonna Manor, Associated Catholic Charities of New Orleans, Inc., to provide and administer a program of treatment and services for children placed there by the state for fiscal year 1983-84; D-3, a transmittal letter from Barbara E.

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Bluebook (online)
595 So. 2d 728, 1992 WL 32725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chauvin-v-jefferson-parish-school-bd-lactapp-1992.